Case C-409/16. Sex discrimination

Is Article 1(1) of Presidential Decree 90/2003, which amended Article 2(1) of Presidential Decree...

Case C-414/16. Religious discrimination

Is Article 4(2) of Directive 2000/78/EC to be interpreted as meaning that an employer, such as...

2016/56 Constitutional Court prohibits suspension pending disciplinary investigation (RO)

Article 52(1)(a) of the Romanian Labour Code allows an employer to suspend, without pay, an employee under a disciplinary investigation. However, the Constitutional Court has recently ruled Article 52(1)(a) unconstitutional.

2016/54 Dismissing a Christian teacher for refusing to separate from her husband following conviction for sex offences was indirect religious discrimination (UK)

The Employment Appeal Tribunal has upheld an appeal against the finding that a committed Christian teacher who refused to separate from her husband following his conviction for sexual offences would have been dismissed regardless of her faith and therefore such a dismissal was not indirectly discriminatory. The EAT found instead that the Claimant was presented with the choice of having to separate from her husband or be dismissed which subjected people who have a faith-based commitment to marriage to a particular disadvantage.

Case C-415/16. Working time

In the light of Directives 93/104/EEC and 2003/88/EC on working time, as well as Article 31 of...

Case C-359/16. Social security

Can an E101 certificate issued under Article 11(1) of Regulation (EEC) No 574/72 fixing the...

2016/57 No compensation for an invalid non-compete clause where no harm shown (FR)

An employee who could not prove any harm resulting from an invalid non-compete clause in his employment contract could not obtain damages.

2016/58 First Injunction granted under the new whistleblowing legislation (IR)

In one of the first high-profile cases under the Protected Disclosures Act 2014 (i.e. whistleblowing legislation), two employees have successfully secured an injunction in the Circuit Court which prevents their dismissal.

2016/61 The court awards for victimisation resulting from sexual harassment, even though the claim for sexual harassment itself was time-barred (CY)

The Industrial Disputes Court considered certain substantive and procedural issues in the context of a claim for sexual harassment and victimisation. This case provides a good illustration of the principles the tribunals apply when examining sexual harassment cases and how these are interpreted by Cypriot employment courts.

Case C-451/16. Sex discrimination

The question referred is whether Council Directive 79/7/EEC on equal treatment for men and women...